Is A Lawyer Required For A Court Marriage?

The Special Marriage Act of 1954 governs court marriages in India, which are prevalent throughout the country. When performing a court marriage, there is no discrimination against any caste, color, religion, or creed. The parties who profess two different religions might also get married in court. A court marriage simply refers to the legal solemnization of a marriage. Court marriages are also possible in cases involving people from different castes and religions.

Eligibility Criteria for Court Marriage

  • Prior to the marriage, neither partner should have been residing as a husband or wife.
  • The bride and groom must be 18 and 21 years old, respectively.
  • The parties shouldn't be mentally unstable and should be of sound mind
  • They shouldn't be unable to provide legal consent when getting married.
  • There should be no mental illness or disorder existing in either party.
  • There should be no link between the two parties that is even possibly illegal. (If their custom permits it, the court marriage may occur within a prohibited relationship)

Necessary Documents for Court Marriage

The following list of documents is necessary for a court marriage. It contains:

  • Identity proofs of both parties that include details like name, age, etc. The Aadhar identification card may be the ideal document for validating them.
  • Admit card or a school leaving certificate might serve as proof of the date of birth.
  • In order to be involved in court marriage, an applicant must present proof of permanent residence.
  • Passport-size photographs that were recently taken should be provided by both parties
  • If applicable, the death certificate of either partner's former spouse must be submitted.
  • If the parties were previously married, a divorce certificate must be presented by each of the parties.
  • Application fees must be included in accordance with the district court's rules.
  • If either spouse is related to the other by blood in any way, it is necessary to make an affirmation or declaration.

Requirement of a Lawyer in a Court Marriage

Being a marriage lawyer is a highly engaging job. The legal counsel must assume enormous responsibilities, starting with filing an application and continuing with document verification. The lawyer helps in:

  • Advising the parties regarding the procedure of a court marriage and initiating the filing of the notice for marriage.
  • Giving better advice to the parties to the marriage regarding the applicable law, the location of registration, and how to register a marriage.
  • Helps in conducting the marriage as well as issuing the marriage certificate in time without any delay in the procedure.
  • Ensuring that the parties have entered the legal age to get married under the court of law
  • Ensuring the free consent of both parties to the marriage
  • All of the paperwork and documentation needed for the registration process. It aids in lightening the load of the parties to the marriage.
  • Ensuring and taking the responsibility to prepare and bring in the witnesses required during the time of marriage.
  • Ensuring that the application fees must be in accordance with the rules of the district court.

A court marriage lawyer also offers helpful guidance to a couple who wish to marry without the approval of the family, such as:

  • Submitting a petition to the court seeking to protect the life and liberty of the parties.
  • Securing a protection order from the High Court to ensure the couple can reside in an area where the court can provide them with police protection.
  • Ensuring that the police cannot file a false complaint against the parties as they are under the High Court's protection.
  • Putting efforts in taking the help of the police to reconcile the couple and getting them along with their family.

You will need a well-experienced and competent lawyer to carry out the court marriage procedure smoothly. If you want to have a court marriage in Noida, then a Court Marriage Lawyers In Noida can be hired, and if you want to have a court marriage in Patna, then a Court Marriage Lawyers In Patna can be hired. Likewise, a Court Marriage Lawyers In Pune can be hired if you want a court marriage in Pune.

Through Lead India Law, you can talk to a lawyer. You can ask a legal question online for free at Lead India Law, giving you access to free legal advice online.

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Court Marriage Lawyers In Noida, Court Marriage Lawyers In Patna, Court Marriage Lawyers In Pune

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